When one looks at the statistics for Driving Under the Influence (DUI) the numbers are staggering, nearly 35,000 arrests per year in the state of Washington alone, almost 1.2 million nationwide. That means that there are almost 100 DUI arrests made every day in Washington and those are just the people being caught!
Just thinking of the number of drivers on the road that are impaired, it makes one wonder if all of the advertising, law enforcement, and social stigmas connected to the act or working. On top of that it seems to be getting easier and easier for the drunk drivers to get off by eliminating evidence and other technicalities.
That leaves the victims with what seems like no justice. The victim only sees mounting medical bills, a large gap between vehicles, long recovery times, and lasting pain and suffering. At times the system can feel a little lopsided, but that is not necessarily always the case.
Washington has some very strict rules regarding substance abuse and driving. The law prohibits the operation of any type of motor vehicle by a driver that has a .08 percent or higher blood alcohol concentration (BAC). This is generally determined by breathalyzer test or blood test taken while in custody which are considered more reliable.
The .08 percent limit is a general standard used across the US to determine which drivers are “impaired.” Washington has lower BAC limits defined for commercial drivers (.04) and drivers under the age of 21 (.02). This ensures that underage drivers and commercial drivers stay alert and responsible.
The Washington State DUI law also prohibits the operation of a motor vehicle by a driver that in under the influence of a controlled substance such as marijuana, cocaine, inhalants and other intoxicants. These include prescription drugs that specifically warn against operating machinery.
Washington State also has an “implied consent” law, which means that when a person drives in Washington they agree to submit to a test of blood, breath, or urine if the arresting officer thinks that perhaps the driver is driving under the influence. If the driver refuses to submit to the test they can have their license suspended for a minimum of 1 year for the first refusal. Subsequent refusals carry penalties and fines similar or greater than a DUI conviction.
The first time someone is arrested for DUI in Washington they serve their first full 24 hours in jail no matter what and the sentence can extend up to 1 year. The court also makes the driver pay for a minimum 15 day home electronic monitoring program in lieu of jail time where they aren’t allowed to leave their property unless they are going to work and even then their route to and from home are tracked.
DUIs are also extremely expensive, costing the offender no less than $865.50 and up to $5,000. On top of that, the offender’s license will be suspended for a minimum of 90 days, but may receive a restricted license after 30 days due to hardship if the court allows. Regardless, the offender will be ordered to install a ignition interlock device in their vehicle, also at their own expense.
Under most circumstances, when a person is hit by a drunk driver, either as a pedestrian or in a motor vehicle, the police are very diligent about following the letter of the law to make sure that the victim is taken care of both in the eyes of the law and in the eyes of the insurance company.
There are many circumstances in which drunk driver can get out of a DUI. They can do it through legal means, but also by actually furthering the crime by running away from the accident and staying away until they are sober, otherwise known as hit-and-run. With ample enough time for food, a shower, and the alcohol to leave their system. This may be unscrupulous, but often times it works in the DUI driver’s favor. The victim should not fret though; there are other ways for the victim to get justice.
Even if the DUI driver is not charged or is not convicted of DUI, the victim can still bring a civil lawsuit for compensatory and punitive damages. There has to be some proof of the drunk driving such as a witnesses of the crash, witnesses that the person had indeed been drinking prior to the incident, or a credit card receipt showing that they had been drinking, how much, and when.
The burden of proof is less stringent in civil court than it is in criminal court. The drunk driver will also not be able to refuse to testify, which is usually positive for the victim. There have also been successful civil cases brought against drunk drivers even when the drunk driver left the scene of the crash and there was no arrest, no blood alcohol and no DUI conviction. But, just as experienced as a lawyer must be to get a drunk driver off, the victim’s attorney must be equally savvy in civil cases.
When a person suffers property damage and personal injuries because a person made the horrible decision to drive home even after they are obviously too drunk, the victim should not be left with stacks of bills and ongoing pain. The innocent victim was not expecting to have their life disrupted by the immature and potentially fatal behavior of another. In those circumstances the victim should be compensated for their loses and any effects the incident might have on them in the future.
If you or someone you know has been injured or killed in a DUI accident then it is imperative that you contact experienced legal council right away so to learn your legal options. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.
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